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HomeMy WebLinkAbout07-16-96 MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD JULY 16, 1996 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. Chief Mark led in prayer and Mrs. Hilda Ems led in the pledge of allegiance. The roll was called and a quorum declared present. ABSENT: Mayor Vandergrift, Commissioners Anderson (arrived at 7:45 p.m.), Glass, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Police Chief Mark, City Engineer/Utilities Director Shira, Public Works Director Corwin, Planning Director Wagner, Personnel/Employee Relations Director Psaledakis, Buyer Brace, and City Clerk Grafton. F',AlJt,vC.6- 'bt ~~ e.-7'Ilt. #-oR. ~-,J None PRESENT: Mayor Vandergrift announced that the public hearing scheduled for Resolution No. 96-17, vacating a portion of Richmond Avenue, had been cancelled as the petitioner had withdrawn the request earlier in the day. Mayor Vandergrift then recognized and introduced Ms. Pam Tapley, a candidate for the Orange County School Board, in the audience. PRESENTATION LT. BEN BUCKNER - REpORT ON CARRYING THE OLYMPIC TORCH. Lt. Ben Buckner, Ocoee Fire Department, reported that while working at his off-time job he was a part of the support team that escorted the Olympic torch from Miami to Orlando, and that he and several of his teammates were invited to carry the torch for Ih mile each. Lt. Buckner told about the excitement of the experience and about particular scenes that had touched him along the route. He explained the significance of the different features in the design of the torch and passed the one that he had carried around the dais for Commission to get a closer look. CONSENT AGENDA The consent agenda consisted of items A, B, C, and D. There were several questions asked regarding item C, to which City Engineer Shira responded. Mayor Vandergrift asked that the record reflect the response to his request for clarification regarding the item "Handling Complaints" on pages 5 and 6 of the Mutual Aid Agreement with Winter Garden. City Attorney Rosenthal explained that the language was from the state and he reviewed the process. Mayor Vandergrift then restated the procedure, saying "It basically says that if we have a police officer over there who has a complaint lodged against him, they will investigate, furnish us with the information, and we will do anything that needs to be done. We will take care of it. " Mayor Vander!!rift. seconded by Commissioner Glass. moved to accept and approve the consent agenda as presented. Motion carried 5-0. Ocoee City Commission Regular Meeting July 16, 1996 A. Approval and Acceptance of Minutes of City Commission Re~ular Meetin~ of July 2. 1996. B. Approval and Authorization for Mayor. Chief of Police and City Clerk to execute Police Mutual Aid A~reement with the City of Winter Garden. C. Approval and Acceptance of Chan~e Order to PEC Desi~n Fee ($20.584.00 approved April 28. 1993) for Ma~ire/Marshall Farms Intersection in the amount of $8.640.00. D. Approval and Acceptance of the Proposed Distribution of the Fiscal Year 1996 Anti- Dru~ Use Grant within Oran~e County. COMMENTS FROM CITIZENS/PUBLIC Former Commissioner Vern Combs, 310 Sabinal Street, addressed Commission regarding an article in the newspaper about the strong mayor form of government, speaking against the concept. PUBLIC HEARINGS RESOLUTION No. 96-17, ABANDONING AND VACATING A PORTION OF RICHMOND AVENUE. This item was withdrawn by petitioner prior to the meeting. SECOND READING: ORDINANCE No. 96-10, ADOPTING CHAPTER 21, CITY CODE, RELATING TO PURCHASING PROCEDURES. This Ordinance was presented by title only for the second reading and public hearing. Buyer Mark Brace introduced himself and said he was present to answer any questions. The public hearing was opened. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, raised several questions about the procedures listed in the Ordinance, to which Mr. Brace and Commission responded. The public hearing was closed. During discussion Mayor Vandergrift noted that in Section 21.5 A a change was needed and City Manager Shapiro said the purpose of the paragraph was to provide a paper trail for the auditors. City Attorney Rosenthal proposed that it should read, "The City Manager may waive the minimum standards for any commodity or contractual service which is less than $10,000.00 in value. In such case, the City Manager shall file a written explanation for waiver with the Purchasing Agent or designee unless the Purchasing Agent is the City Manager. in which case the written explanation shall be filed with the Finance Director or Buyer." Commissioner Gleason. seconded by Commissioner Anderson. moved to adopt Ordinance No. 96-10 as proposed with the change read by the attorney involving Section 21.5 A. Motion carried 5-0. OTHER BUSINESS RESOLUTION No. 96-19, ADOPTING THE PURCHASING MANUAL. 2 Ocoee City Commission Regular Meeting July 16, 1996 The Resolution was presented by title only. Commissioner Gleason. seconded by Commissioner Glass. moved to adovt Resolution No. 96-19. adovting the Purchasing Manual and all necessarv documents relating to that as vresented. Motion carried 5-0. SET TENTATIVE MILLAGE RATE. Finance Director Horton presented the staff report and recommendation to set the tentative millage rate at 4 mills. Commissioner Johnson. seconded by Commissioner Gleason. moved to gO with staff recommendation and set the tentative millage rate at 4 mills. Motion carried 4-1 with Mayor Vandergrift voting "no. " AUTHORIZATION TO REPLACE TOTALED POLICE CRUISER. RESOLUTION No. 96-18, RELATING TO A SUPPLEMENTAL AMENDMENT TO AN EQUIPMENT LEASE/PURCHASE AGREEMENT WITH FORD MOTOR COMPANY AND DESIGNATING IT AS A QUALIFIED TAX-EXEMPT OBLIGATION. The Resolution was presented by title only. Chief Mark explained in his staff report that the 1993 Ford was involved in a traffic crash responding to assist another officer on a call, and he requested authorization to replace the vehicle. Following a discussion regarding the safety regulations and the discipline meted out when a vehicle is damaged/demolished, Mayor Vanderl!rift. seconded by Commissioner Johnson. moved to adopt the staff recommendations: Le.. (1) declare the 1993 Ford (Vin#2FACP71W6PX147266) surplus. (2) utilize $2.166.95 of the insurance money as the first annual vayment and document fees on a two and a half year contract for a new police vehicle. (3) authorize purchase of a 1996 Ford Crown Victoria from Don Reid Ford at the current State Contract mice of $18.900.00. (4) adovt Resolution No. 96-18 avvroving a suvplemental amendment to an Equipment/Lease Purchase Agreement with Ford Motor Credit and that the Mayor and City Clerk execute the necessarv documents related to Resolution No. 96-18. and (5) authorize the Mayor and City Clerk to execute the necessarv documents related to this purchase. Motion carried 5-0. AUTHORIZATION FOR USE OF FORFEITURE FuNDs FOR EMERGENCY REPLACEMENT OF DICTAPHONE SYSTEM AT POLICE STATION. Chief Mark presented the staff report, requesting authorization to use a not-to-exceed amount of $18,400.00 of forfeiture funds to purchase a Dictaphone Data Recorder and a Digital-to- Analog converter to replace the one which was destroyed by lightning. It was clarified that any monies received from the insurance company on this claim will be deposited back into the Police Department's forfeiture account to cover the cost of this emergency purchase. Commissioner Anderson. seconded by Commissioner Johnson. moved to authorize the use of a not-to-exceed amount of $18.400.00 of forfeiture funds to purchase a Dictaphone Data Recorder and a Digital- to-Analog converter. Motion carried 5-0. 3 Ocoee City Commission Regular Meeting July 16, 1996 RESOLUTION No. 96-20, AMENDING EXHIBIT A OF RESOLUTION 92-07 RELATING TO THE CITIZEN ADVISORY COUNCIL TO THE POLICE DEPARTMENT. This Resolution was presented by title only. City Attorney Rosenthal explained that this Resolution contains the change in procedures providing that the Citizen Advisory Council adopt their own by-laws as requested by Commission at an earlier meeting. Commissioner Johnson. seconded by Commissioner Glass. moved to adoot Resolution No. 96-20 as presented. Motion carried 5-0. SELECTION PROCESS FOR HIRING CITY MANAGER. Personnel/Employee Relations Director Psaledakis had distributed a comprehensive manual on the process of hiring a City Manager in April and, following a discussion regarding whether to engage a consulting firm or to manage the process in-house, consensus was reached to direct Ms. Psaledakis to proceed with the process in-house, to include advertising (beginning with professional journals published in September), receiving the resumes/applications, date-stamping them, copying them to the Mayor and Commissioners and sending letters to those who are rejected during worksessions. Ms. Psaledakis and Mr. Rosenthal agreed to review the process and determine just what needs to be done to ensure the Sunshine Law is not violated. Mayor Vandergrift presented his list of proposals for charter changes during this discussion: (1) Replace the City Manager form of government with a strong Mayor form of government. (2) Give the Mayor a veto power. (3) Extend the terms in office of elected officials from two years to three or four years. (4) All elected officials be voted on in a city wide election. There was no action taken on these suggestions. Commissioner Gleason. seconded by Commissioner Johnson. moved to change the statement "Prefer MPA/MBA degree." to "Require MPA/MBA degree." in the ads to be placed. Motion carried 5-0. Commissioner Gleason. seconded bv Commissioner Anderson. moved to use samole ad #1 for orofessional iournals and #1 for newspaoers with the above change regarding the requirement of MPA/MBA degree included. Motion carried 5-0. Commissioner Glass. seconded by Commissioner Anderson. moved to gO ahead and advertise in orofessional iournals published in September. Motion carried 5-0. Commissioner Gleason. seconded by Commissioner Glass. moved to limit the first round of advertising to professional iournals. Motion carried 5-0. 4 Ocoee City Commission Regular Meeting July 16, 1996 Commissioner Glass. seconded by Commissioner Gleason, moved to place a deadline for accepting responses of October 31. 1996. Motion carried 5-0. REVISIT HIRING ASSISTANT CITY MANAGER. Commissioner Johnson stated that when the issue of Assistant City Manager was presented at an earlier meeting he was voting on the position only, not the filling of the position, and he felt the funds allocated to the position should be returned to Contingency Fund, as he thought the new City Manager should have the option of hiring or not hiring an assistant. Commissioner Johnson. seconded by Commissioner Gleason. moved to keep the iob description of Assistant City Manager but not fund the position. so that before the position could be filled. the City Manager would have to come back to Commission to have funding appropriated for that purpose. Motion carried 3-2 with Commissioners Glass and Gleason voting "no. " Commissioner Glass stated for the record that he thought this was shortsighted not to go forward with the position and this move makes us look bad. APPOINTMENTS TO BOARDS. CODE ENFORCEMENT BOARD: LINDA SANTo-3 YEAR TERM EXPIRES AUGUST 1996. PLANNING AND ZONING COMMISSION: LoUIS LANDEFELD-3 YEAR TERM EXPIRES AUGUST 1996. Commissioner Johnson, seconded by Commissioner Gleason. moved to reappoint Linda Santo for another 3 year term on the Code Enforcement Board and Louis Landefeld for another 3 year term on the Planning and Zoning Commission. Motion carried 5-0. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Johnson: 1) Asked why there was no bench at Silver Star and Ocoee Hills Road. There are more benches coming. 2) Need to have PPTD look at roads all over for potholes and caveins, especially downtown. 3) Reported Albertson's Shopping Center dumpster is generally overflowing. City Manager Shapiro said that between Code Enforcement and Public Works they could be forced to have an adequate dumpster put in place. 4) Said the Water Department must notify residents when the water is about to be cut back on after a cut off or line repair, and he cited several cases where this was not done resulting in damage. 5 Ocoee City Commission Regular Meeting July 16, 1996 Commissioner Anderson: Asked if the Jaycees were manning the RSVP line. Not tonight but Mayor Vandergrift will speak to them. Commissioner Glass: No comments at this time. Commissioner Gleason: 1) Greeted Pam Tapley, candidate for Orange County School Board, in the audience. 2) Asked about the written response regarding the Florida Power relocation. City Manager Shapiro advised that Florida Power has settled with the Ozanians and he is still waiting for the information from Florida Power. City Attorney Rosenthal said City Engineer Shira has requested that Florida Power submit to the City a revised plan and at this point it is not clear whether it will be forthcoming. 3) Discussed the fact that a developer in Silver Glen had sold lots to a new developer who built houses (approved by the City Building Department) that do not meet the Homeowners' Association's requirements and now there is a legal issue. He expressed concern that the City would require a Homeowners' Association and then not back up the restrictions included in the covenants. City Manager Shapiro responded that the City cannot deny something that is legal under the law because of a private citizens' agreement (Homeowners' Association Agreements). City Attorney Rosenthal advised that the City enforces regulations regarding the maintenance of common areas. stormwater systems. private roads and St. Johns River Water Management District criteria. but not design criteria and other areas of concern in the covenants. Commissioner Glass related the City of Orlando's unhappy experience with trying to enforce the covenants after adopting the restricted covenants in a few developments. Mr. Rosenthal stated for clarification on why the City could not enforce the particular provisions mentioned. that there is nothing in the City Code which would give the Building Official any ... right to deny the building permit on the basis of failure to meet an architectural review committee criteria. 4) Asked if there would be school bussing in the Silver Glen neighborhood. Mr. Shapiro said he would check to be sure contact was made with the school system. 5) Asked that Mr. Shapiro follow up on finding out who appointed Larry Cappleman to the Transportation Committee. 6) Said he and Mayor Vandergrift attended Commissioner Freeman's town meeting last week where questions were raised about the Story Road/Kissimmee A venue and the Mall issues. Mr. Shapiro said we would be out to bid on the intersection in November. 7) Said there is a rumor going around that the City is approving HUD houses on the Clarke Road extension and the corner of A.D. Mims Road. Mr. Shapiro said he knows of no discussion for anything other than for another development similar to Reflections across the street. 6 Ocoee City Commission Regular Meeting July 16, 1996 8) Reported that Friday, July 19, nine (9) students will be arriving from Japan to stay with Ocoee families and he has invited them to attend the next meeting to see democracy in action. Mayor V ander~rift: 1) Noted that there are tree trimmings turning brown lying along Lakeshore Drive next to Starke Lake that should be removed. 2) Asked about realigning the districts. Mr. Shapiro said he would put it on the agenda to discuss with Mr. Rosenthal on Thursday. 3) Presented the list of proposed Charter changes he had distributed earlier in the meeting regarding (1) Strong Mayor form of government, (2) Veto Power, (3) Extending the terms from two years to three or four years, (4) Elect all officials by citywide vote and he suggested it be discussed at another time due to the lateness of the hour. 4) Announced that the Star-lite Drive In is still open on Friday, Saturday and Sunday nights. ADJOURNMENT The meeting adjourned at 10: 12 p.m. Attest: APPROVED: City of Ocoee ~...., t / I ;; .~,;l. l~. ,~d, S. Scott Vandergrift, M' r 7